Refund for meal paid upfront

templehead

Last week a member of staff organised the staff Christmas party, after happily volunteering. He had a list of people who said they would attend and we found a local hotel who can host it for 30 people at about £43 a head. I asked the member of staff to phone them back and pay the deposit. The hotel asked for the whole amount to be paid upfront and not a deposit, which he did without confirming that this would be okay! I have since found out that not everyone can make it and he had not even asked everyone, only about half of the amount are saying they can go, meaning we have over paid by at least £600!

I phoned the hotel and they said they did give him the option to get back to them at the end of the week with exact figures, he declined and proceeded to pay the full amount for 30 people for the 9th December. They also said that the money is non refundable or transferable and point blank refused to help.

The paperwork they provided said that deposits are non refundable but we did not pay a deposit it was the full amount! Do we have any rights at all in obtaining a refund?

POPPYOSCAR

templehead wrote: »

Last week a member of staff organised the staff Christmas party, after happily volunteering. He had a list of people who said they would attend and we found a local hotel who can host it for 30 people at about £43 a head. I asked the member of staff to phone them back and pay the deposit. The hotel asked for the whole amount to be paid upfront and not a deposit, which he did without confirming that this would be okay! I have since found out that not everyone can make it and he had not even asked everyone, only about half of the amount are saying they can go, meaning we have over paid by at least £600!

I phoned the hotel and they said they did give him the option to get back to them at the end of the week with exact figures, he declined and proceeded to pay the full amount for 30 people for the 9th December. They also said that the money is non refundable or transferable and point blank refused to help.

The paperwork they provided said that deposits are non refundable but we did not pay a deposit it was the full amount! Do we have any rights at all in obtaining a refund?

Confused by this.

eddddy

If this were a consumer contract, you would have a 14 day cooling off period (as the contract was made over the phone).

Also, if this were a consumer contract, you could argue that keeping the whole amount paid is an unfair contract term.

But you wouldn't get that level of consumer protection for a trade contract.

You could try arguing that it was a booking made for a social activity, outside business - therefor the person booking it was a consumer (was it booked in an individual's name or a company name?)...

(3) “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession

Link: https://www.legislation.gov.uk/ukpga/2015/15/section/2

If you succeed, I suspect that the hotel won't do business with you again - but perhaps that doesn't bother you.

templehead

He came in my office with a list of people who he said could attend, when in fact he just a list of the members of staff, he had not even asked everyone if they would like to attend, he just presumed.

Anyway, the real issue is me trying to get us our money back for those who are not attending, bearing in mind we paid the full amount upfront and not a deposit.

templehead

eddddy wrote: »

If this were a consumer contract, you would have a 14 day cooling off period (as the contract was made over the phone).

Also, if this were a consumer contract, you could argue that keeping the whole amount paid is an unfair contract term.

But you wouldn't get that level of consumer protection for a trade contract.

You could try arguing that it was a booking made for a social activity, outside business - therefor the person booking it was a consumer (was it booked in an individual's name or a company name?)...




If you succeed, I suspect that the hotel won't do business with you again - but perhaps that doesn't bother you.

I have looked on the Citizens Advice website and unfortunately it reads:

You also won’t get a cooling-off period for:

accommodation (eg a hotel room or a short-term let)
transport of goods (including courier services)
vehicle rental services
catering or leisure activities for specific dates (eg hotel and restaurant bookings, theatre tickets, catering for a wedding or party)

ThumbRemote

templehead wrote: »

He came in my office with a list of people who he said could attend, when in fact he just a list of the members of staff, he had not even asked everyone if they would like to attend, he just presumed.

Deduct the extra cost from his salary.

Then sack him anyway.

bris

As you now know there is no cooling of period.


What you do have is a case for them to refund the cost of the food they would have provided and any drinks etc, this is the only way they can mitigate this loss. It will not be much, but it is what they have to do.


They will know how much it costs per person to put the food on the plate, that's their business so they can calculate that cost x the amount of people who will not be attending.


There is also a chance they can rebook the seats they have saved if they can split the tables, but it get a bit complicated when the customers they book could be seated at different times if all 30 of you attended.


If this was to go to court the reasonable person hearing the case would ask the venue how they mitigated their loss, this would all have to be shown in court.

POPPYOSCAR

Get in touch with a charity and donate the spare places to those in need.

That should give you all some Christmas spirit.

fairy_lights

How did he pay them, out of his own money or using a company credit card?
How many people are likely to actually want to attend?
Maybe you could invite partners to fill up the spare spaces.

Someone in my office 'volunteered' to book our Christmas party this year and spent months talking about all the brilliant ideas he had - and then in October it became apparent he was all talk and hadn't booked anything at all, and I had to frantically phone around trying to find a venue. So at least your office f***wit managed to book something :rotfl:

Oakdene

Could you not ask the venue if you can put the extra money towards the bar bill?

Manxman_in_exile

I don't understand the OP.


Are you saying you (ie the company) has overpaid by £600 or that the person organising the Christmas party has overpaid on their own account?


Also - so many people said they would attend but now cannot?


I never went to work organised Christmas parties and am now reminded why I did not!


I am sure, as suggested by other posters, that you (ie the company) or the poor fool who agreed to organise the Christmas party can get some sort of refund (unless you - ie the company - were doing it as a business transaction).